Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-07-30
THE KILLING OF RU1RNETT.
The Question OF Admitting Burgess 70
Bail.
ADDITIONAL TESTIMONY AS TO THE SHOOTING HEARD
BY LuDGE MQNrlONRRY

~ @sAs.aAssAAs8 AoSOo ~
Bail.
ADDITIONAL TESTIMONY AS TO THE SHOOTING HEARD
BY JUDGE MONTGOMERY.
This morning, in the Criminal Court, Judge
montgomery, an application was made by Mr.. A.
B. Williams In behalf of Henry Z Burgess, who
was committed to Jail on Thursday for the killing
OF James Burnett, Wednesday evening, on Penn
sylvania avenue, near AZ street, that bail be
OF gray, was brought up from Jail, and was joined
by his wife in the courtroom. Mr. Williams
briefly stated the circumstances OF the killing
and that the hearing by the coroner's jury was
meager and those witnesses present favorable to
the prisoner were not sworn, and he was OF the
opinion that the case was one Of self-defenSe and
was satisfied that the trial would result In show
Ing 1t. He read section 1916 Revised Statutes,
under which bail could be taken In such cases. It
wa; was admitted he said. by the district attorney
been making threats to kill the accused.
Assistant District Attorney upScOmb said the
he would read very full report from THE STAR
which he did, and claimed that the case was not
oeIGw NO. Ig Sae grade rad Of Of dm%ansla9ghter rams - Inn.
threatening ana looking for the defendant until
they met at the door OF the barber-shop, and at
the deceased Draw his revolver and point the
weapon in Burgess face and say SNOW do it" be-
lore the defendant drew his pistol, and that when
strapped to his left wrist and revolver near the
right hand
The court said he had read from THE STARS re-
port the testimony OF two witnesses
Mr.. Williams said The STARS report was con-
densed, and was somewhat severer than the entire
Mr. Lpscomb read from THE STARS report, as also
statement by w. II. James, 10 the effect that Bur-
CESS mad his revolver in his hand, and Burnett
like satisfaction; and that the pistol OF Burnett
fe!l out OF his pocket when he fell
MI. A. B. Williams read the affidavits OF T. B.
Pinn and Moses Payne to the effect that Burgess
told Burnett not to put his hand TO his pocket or
he would shoot, and Burnett attempted to get his
pistol out. The statements OF Peter b. Meredith,
Arthur White, W. H. Walker, Alex. Powell and
Campbell Burrows were read They were gener-
ally TO the effect that Burgess said to Burnett,
TO draw, his pistol, when Burgess fired Mr.
Williams said that they all saw the revolver in
Burnett's hand before the shot was fired,
Mr.. Hpscomb said that the Government would
ADMIT the threats made by Burnett.
Mr.: Williams read the statement OF Washington
Wood that Burnett on Tuesday evening said at the
baseball grounds that he would kill Burgess on
sight. Also. that OF Jesse Carter as TO threats
made Cd the day OF the shooting.
would be whether the killing was in self-derense
The court asked whether, II Burgess had heard
that man had threatened him. and he went out
and Shot him, it would not be manslaughter?
MI. Williams said that he was urging this action
On the statements OF the witnesses.
Mr.. 7. B. Pinn was sworn and examined orally
at the suggestion OF the court. He testified that
Burgess had been shaved In his shop, and went
CESS backed up against the window, and heard
Burnett say, "Y0u treated me bad yesterday, and
have got me to KILL" Then Jim Leonard rushed
pistol out, and then rushed toward Burgess, who
was telling Leonard to let him go, and not let that
man shoot him.
On cross-examination witness said he did not
notice that Burnett had an umbrella, did not see
Burgess slap Burnett in the mouth. Burnett drew
his pistol about the height OF his hip, but did not
tire 1t.
Moses Payne testified that he met Burgess at
the door Oh the shop and witness went in. Burnett
came up saying 'burgess you treated me wrong
yeSf erday and demand satisfaction" Burgess
drew his revolver and Burnett went down for his,
when Burgess said 'DOnt put your hand in your
pocket or I'll shoot" Then Powell got between
his pistol and the two shots were fired Burnett
had the pistol out or his pocket.
On cross-examination witness said that he did
not see an umbrella In Burnetts hand.
Peter B. Meredith testified that he was talking
with Mr.. RevelS, and some one said that there was
gong 70 be duel out ana R
nett appeared to be trying to get at Burgess
around Leonard, and then witness heard the shots
He Saw the slungshOt and revolver when Burnett
was picked up. He also testified to the threats OF
Burnett.
On examination witness said he did not see
the revolver In BurnettS hand.
Detective Horne testified that he was at the
scene shortly after the shooting, and In turning
over the body Of the pistol IAN m,
Arthur White Testified that he followed barber
ing and preaching; that he heard some one say,
''Go away, don't want to have nothing to do with
you, and Burgess had pistol pointed at Burnett;
Burnett had his hand on his back pocket; heard
him Say, "You insulted me, and you or have got
to die here" Leonard pushed Burgess toward the
house and Burnett turning drew his revolver and
said 'Do it," and then the shots were fired
On cross examination witness denied seeing an
umbrella. When Leonard came up Burnett drew
the pistol. Did not know whohred. but heard the
reports.
JAS Leonard was called by the Government, and
testified that he saw Burnett and Burgess, the lat
ter with the pistol, and he ran and separated
them, brushing Burnett away; Burgess had
slapped Burnett In The mouth, and when the shots
were fired Burnett had his pistol but partially
drawn.
The court at this point said he did not care to
try try '' It. '"D S''A' '0'' VI 'A' 'A''-n'' ~
"a denial of bail in this case" said the court,
''wOuld be a foreclosure, and he would admit the
defendant to bail, but 1t must not be inc0nSider-
able bail. He may be convicted OF murder or
manslaughter, or acquitted, but the charge was
very serious one"
on the question as to the amount of bail Mr..
Williams said that the defendant had number
Of friends mostly in moderate circumstances and
he could probably obtain bond OF 800.
The court said that he was under the impress
sion that the bail should not be less than S., ,OO0
Mr.. Lipscomb thought that $4,000 would be
low enough.
recess was taken to O'Clock.
BAIL FOR 1000.
At O'Clock Carter A. Stewart and James E.
Mason were accepted as SuretieS on the bond in
1000, and the accused was released from custody.
Capt. Knowlton,s Statement.
WHY HE SEIZED THE SCHOONER ANNIE W. HODGDoN
Capt. Knowlton states that when he seized the
Gloucester schooner, Annie w. Hodgdon, he had
no doubt the vessel was going to leave the coast
without making her report at the custom
house. With reference to the fish found on her
deck he states that as they were cod, which he
never heard OF being used for bait, he had no
reason for supp0sing that she violated the treaty
in this respect. Furthermore he found no evt-
dence whatever on board OF treaty violation,
Cape. Knowltons official statement OF the HOdg.
don case was taken at Halifax to-day, and will be
sent to the fisheries department at Ottawa.